Which specific offences are reformed in the new Syariah Bill?

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Specific Offences Reformed in the Syariah Criminal Offences (Kelantan) Bill 2026

The Syariah Criminal Offences (Kelantan) Bill 2026, recently passed by the Kelantan state legislative assembly, introduces reforms to several key areas of Syariah criminal law. These reforms aim to enhance the existing legal framework by making its provisions more systematic, clear, and authoritative, drawing inspiration from the principles of maqasid syariah. The Bill represents an evolution from the Kelantan Syariah Criminal Code (I) Enactment 2019, particularly in light of the Federal Court's decision on February 9, 2024, which declared 16 of the 2019 Enactment's provisions null and void.
Obligation of Performing Obligatory Prayers

A significant aspect of the reformed Bill addresses the obligation of performing obligatory prayers. While the specific details of the reform are not elaborated upon, this inclusion signifies an effort to strengthen the enforcement and adherence to fundamental religious duties within the scope of Syariah criminal law. This focus suggests a re-evaluation of how such religious obligations are codified and potentially penalised under the new legislative structure.
Safeguarding of Private Parts and Bodily Organs

The Bill also includes provisions related to the safeguarding of private parts and bodily organs. This reform indicates a comprehensive approach to personal modesty and decency, aligning with Islamic principles. The legislative intent appears to be a clearer and more robust definition of offences pertaining to these matters, ensuring that the law effectively protects societal values and individual dignity.
Safeguarding of Intellect and Restorative Punishment

Reforms concerning the safeguarding of the intellect and the implementation of restorative punishment are also incorporated into the Bill. The emphasis on safeguarding the intellect suggests a potential broadening or clarification of offences related to behaviour or actions that could impair cognitive faculties or lead to societal harm through intellectual corruption. Concurrently, the introduction or refinement of restorative punishment signals a move towards forms of penalisation that aim for rehabilitation and societal reintegration, rather than solely punitive measures.
Prioritisation of Whipping and Compound Mechanism

Furthermore, the Syariah Criminal Offences (Kelantan) Bill 2026 prioritises whipping as a form of punishment and includes a compound mechanism. The explicit mention of prioritising whipping suggests a structured approach to its application, potentially outlining specific circumstances or offences where it is deemed the most appropriate penalty. The inclusion of a compound mechanism, a common feature in Syariah law, likely provides an alternative to court proceedings for certain minor offences, offering a more efficient and practical method of resolution for both the offender and the legal system.

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Which specific offences are reformed in the new Syariah Bill?

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